City Council/Housing Authority

# ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY MINUTES OCTOBER 3, 2023

## JOINT MEETINGS

The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, October 3, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

## CALL TO ORDER

Mayor Leon called the joint meetings to order at 6:04 p.m.

## ROLL CALL

PRESENT: Mayor/Chairman: Paul S. Leon Mayor pro Tem/Vice Chair: Debra Dorst-Porada Council/Authority Members: Ruben Valencia

ABSENT: Council/Authority Members: Alan D. Wapner and Jim W. Bowman

Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.

## INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

There were no conflicts of interest announced by the City Council.

## CLOSED SESSION

Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda. At 6:05 p.m. the City Council recessed to Closed Session with all members present, except Council Member Wapner and Bowman, for discussion of the following:

• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-29; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Dali III, LLC; Under negotiation: Price and terms of payment.

* * *

## MEETING RECONVENED – OPEN MEETING

Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.

## PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor pro Tem Dorst-Porada.

## INVOCATION

The invocation was led by Pastor Victor Enoch Zesati, Victory Outreach Ontario Bilingual Church.

## REPORT ON CLOSED SESSION

City Attorney Duran stated there was no reportable action.

## SPECIAL CEREMONIES

## PROCLAMATION OF OCTOBER 15-21, 2023 AS FRIENDS OF LIBRARIES WEEK

The City Council proclaimed the week of October 15-21, 2023 as Friends of Libraries Week.

## PUBLIC COMMENTS

Assistant City Clerk Isbell announced there was one written public comment: Brittany Goytia, regarding the restroom conditions at Ontario Motor Speedway.

Mayor Leon called upon the first speaker:

Sabrina Robles, invited Council to the Ontario Police Department’s 2nd annual Open House.

Celina Lopez, spoke on the importance of public comments.

Heleena Lopez, spoke about respect.

Angelique Enriquez, spoke on her discontent with the property manager at the Ontario Townhouses.

Annette Hernandez, spoke on her discontent with the property manager at the Ontario Townhouses.

Militza Camba, spoke on her discontent with the property manager at the Ontario Townhouses.

Marisela Escoto Tafella, spoke on her discontent with the property manager at the Ontario Townhouses.

* * *

Yasmine Ramirez, asked for Council support for residents of the Ontario Townhouses.

Mayor Leon continued public comments.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting OCTOBER 3, 2023 City Hall 303 East B Street, Ontario, CA 91764 MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764. Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to publiccomments@ontarioca.gov. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record. Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted. In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items. Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: 20231003 Closed Session ACCOMODATIONS If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office. ORDER OF BUSINESS The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 6:00 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council. CALL TO ORDER (OPEN SESSION) ROLL CALL Dorst-Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item. CLOSED SESSION PUBLIC COMMENT The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting. CLOSED SESSION GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-29; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Dali III, LLC; Under negotiation: Price and terms of payment PLEDGE OF ALLEGIANCE CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: 20231003 - Friends of Library Week Proclamation^01_PROC.docx Council Member Bowman INVOCATION Pastor Victor Enoch Zesati, Victory Outreach Ontario Bilingual Church REPORT ON CLOSED SESSION City Attorney SPECIAL CEREMONIES PROCLAMATION OF OCTOBER 15-21, 2023 AS FRIENDS OF LIBRARIES WEEK That the City Council proclaim the week of October 15-21, 2023 as Friends of Libraries Week. PUBLIC COMMENTS 6:30 P.M. The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to publiccomments@ontarioca.gov. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk. AGENDA REVIEW/ANNOUNCEMENTS The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered. CONSENT CALENDAR All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

1. APPROVAL OF MINUTES ATTACHMENT: 20230905 Minutes (Not Official Until Approved).docx 2. BILLS & PAYROLL 3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 18916, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE ATTACHMENT: Tract Map 18916^01 EXH A. ATTACHMENT: Tract Map 18916^02^RESO^RM 4. A CONSTRUCTION CONTRACT FOR WATERPROOFING AND REPAIRS FOR THE ONTARIO MUSEUM OF HISTORY & ART WITH APPLIED RESTORATION, INC. Calendar for a separate vote. Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes. Minutes for the regular meetings of the City Council and Housing Authority of September 5, 2023 and approving same as on file in the Records Management Department. Bills September 1, 2023 through September 14, 2023, and Payroll August 27, 2023 through September 9, 2023. That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 18916 located at the southwest corner of Archibald Avenue and Chino Avenue. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 18916 LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE. That the City Council take the following actions: A. Reject Preferred General Services Inc.’s protest against Applied Restoration Inc. for D&C23-012 Museum Waterproofing as non-responsive; B. Authorize the City Manager or his designee to complete and execute a Construction Contract D&C23-012 Museum Waterproofing (on file with the Records Management Department) with Applied Restoration, Inc., of El Cajon, California, for the Ontario Museum of History & Arts Exterior Waterproofing Project for a total not-to-exceed contract amount of $557,000; C. Authorize a 20% contingency of $111,400, for a total contract amount not-to-exceed $668,400; and D. Authorize the City Manager or his designee to execute all documents required for the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

5. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE AT 208 W. EMPORIA ST. 2ND FLOOR WITH INFO-COM BUSINESS PRODUCTS 6. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH GREENTECH LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE SERVICES FOR PARKWAYS AND MEDIANS IN THE ONTARIO RANCH AREA 7. A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST & ASSOCIATES INC. TO DETERMINE LEAD SERVICE LINE INVENTORY 8. A CONSTRUCTION CONTRACT WITH GENERAL PUMP COMPANY INC. FOR ON-CALL MAINTENANCE, REHABILITATION, INSPECTIONS, AND EMERGENCY WELL AND BOOSTER PUMP REPAIRS completion of the project including, but not limited to agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities. That the City Council take the following actions: A. Authorize a Cooperative Purchase Agreement for D&C23-008 208 W. Emporia St. 2nd Floor (on file with the Records Management Department) with Margaret C. Pett DBA Info- Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $168,976 consistent with the terms and conditions of the OMNIA 2020 #R191817 and OMNIA 2022 #R221001; and B. Authorize a 10% contingency of $16,898, for a total contract amount not-to-exceed $185,874. That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Maintenance Services Agreement (on file with the Records Management) for Contract No. PM2021-2 with Greentech Landscape, Inc., of Whittier, California, to provide landscape maintenance services for a newly acquired Community Facilities District (CFD) located in the Ontario Ranch area in the amount of $105,304 for a total not-to-exceed contract amount of $1,300,918. That the City Council approve and authorize the City Manager, or designee, to execute a Professional Services Agreement (on file in the Records Management Department) with West Yost & Associates Inc., of Davis, California, for Lead Service Line Inventory: Field Identification and Materials Classification Services in the total not-to-exceed amount of $251,643 and a term from October 3, 2023 to June 30, 2024. That the City Council approve and authorize the City Manager, or designee, to award a Construction Contract (on file in the Records Management Department) to General Pump Company Inc., of San Dimas, California, for on-call maintenance, rehabilitation, inspections, and emergency well and booster pump repairs in the amount of $800,000 for Fiscal Year 2023- 24, and authorize the cost of $800,000, with up to a 5% increase per Fiscal Year (2024-25 to CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

9. A COMMUNITY GARDEN USE AGREEMENT WITH CARAMEL CONNECTIONS FOR PROPERTY AT ANTHONY MUNOZ PARK 10. AUTHORIZE THE PURCHASE OF AN X-TREME NINJA COURSE WITH GREENFIELDS OUTDOOR FITNESS FOR JOHN GALVIN PARK ATTACHMENT: Exhibit A_Ninja Course.docx 11. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT AND OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF ONTARIO AND RUSNAK/ONTARIO DBA GENESIS OF ONTARIO AND CONSIDERATION OF RESOLUTION 2027-28) for a total not-to-exceed amount of $4,420,505, with an initial term of one (1) year, and authorize the option to extend the Contract for up to four (4) consecutive one (1) year periods, at the set pricing levels per Bid No. 1672. That the City Council authorize the City Manager, or designee, to execute a Use Agreement with Caramel Connections Foundation (on file in the Records Management Department) for a portion of real property at Anthony Munoz Hall of Fame Park, generally located at 1240 W Fourth St (the Property) for agricultural purposes to enable community-supported healthy eating, active living, and education initiatives. The term of the Agreement is through October 1, 2028, with an additional five-year term option. That the City Council authorize the cooperative purchase of an X-Treme Ninja Course with Greenfields Outdoor Fitness for John Galvin Park in the amount of $578,640 plus a 10% contingency of $57,864 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed contract amount of $638,504 from Greenfields Outdoor Fitness, of Anaheim, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010721-GRN. PUBLIC HEARINGS Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department. That the City Council take the following actions: A. Adopt a resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement (on file with the Records Management Department) with Rusnak/Ontario dba Genesis of Ontario; B. Adopt a resolution approving the Operating Covenant Agreement and authorizing the City Manager or his designee to execute the Agreement; and C. Direct City Staff to file a Notice of Exemption based upon the City Council’s finding that CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: Genesis Operating Covenant Agreement^01^RESO^RM ATTACHMENT: Genesis Economic Subsidy Report^02 12. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ONTARIO DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY AND ESTABLISHING FEES FOR SHORT TERM RENTALS ATTACHMENT: Exhibits A & B Short term Rentals Ordinance Updating ATTACHMENT: 20231003 Short Term Rentals Ordinance Update.docx ATTACHMENT: Resolution Establishing Short Term Rental Fee^RESO^RM 13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE PARKING ON PUBLIC STREETS ATTACHMENT: Amendment to OMC Pertaining to Oversized Vehicle Parking^ORD^RM the impacts for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant effect on the environment. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083 REGARDING AN OPERATING COVENANT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND RUSNAK/ONTARIO DBA GENESIS OF ONTARIO. That the City Council introduce, waive the first reading of an Ordinance amending subsections C, D, and I of Section 5.03.363 of the Ontario Development Code, relating to regulations of short-term rentals and approve the fee resolution for short-term rentals. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5.03.363, “SHORT TERM RENTALS,” OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ESTABLISHING A SHORT-TERM RENTAL PERMIT APPLICATION FEE UNDER ONTARIO DEVELOPMENT CODE SECTION 5.03.363(C). ADMINISTRATIVE REPORTS/DISCUSSION/ACTION That the City Council consider and take action in adopting an Ordinance to amend Section 4- 6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code pertaining to standards for oversized vehicle parking on public streets. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE PARKING ON PUBLIC STREETS. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

STAFF MATTERS City Manager Ochoa COUNCIL MATTERS Board & Commission Appointment Mayor Leon Mayor pro Tem Dorst-Porada Council Member Wapner Council Member Bowman Council Member Valencia ADJOURNMENT CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

CITY OF ONTARIO Regular City Council/Housing Authority Meeting OCTOBER 3, 2023 City Hall 303 East B Street, Ontario, CA 91764 MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764. Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to publiccomments@ontarioca.gov. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record. Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted. In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items. Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT: 20231003 Closed Session ACCOMODATIONS If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office. ORDER OF BUSINESS The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 6:00 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council. CALL TO ORDER (OPEN SESSION) ROLL CALL Dorst-Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item. CLOSED SESSION PUBLIC COMMENT The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting. CLOSED SESSION GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-29; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Dali III, LLC; Under negotiation: Price and terms of payment PLEDGE OF ALLEGIANCE CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

ATTACHMENT: 20231003 - Friends of Library Week Proclamation^01_PROC.docx Council Member Bowman INVOCATION Pastor Victor Enoch Zesati, Victory Outreach Ontario Bilingual Church REPORT ON CLOSED SESSION City Attorney SPECIAL CEREMONIES PROCLAMATION OF OCTOBER 15-21, 2023 AS FRIENDS OF LIBRARIES WEEK That the City Council proclaim the week of October 15-21, 2023 as Friends of Libraries Week. PUBLIC COMMENTS 6:30 P.M. The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to publiccomments@ontarioca.gov. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk. AGENDA REVIEW/ANNOUNCEMENTS The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered. CONSENT CALENDAR All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

1. APPROVAL OF MINUTES ATTACHMENT: 20230905 Minutes (Not Official Until Approved).docx 2. BILLS & PAYROLL 3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 18916, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE ATTACHMENT: Tract Map 18916^01 EXH A. ATTACHMENT: Tract Map 18916^02^RESO^RM 4. A CONSTRUCTION CONTRACT FOR WATERPROOFING AND REPAIRS FOR THE ONTARIO MUSEUM OF HISTORY & ART WITH APPLIED RESTORATION, INC. Calendar for a separate vote. Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes. Minutes for the regular meetings of the City Council and Housing Authority of September 5, 2023 and approving same as on file in the Records Management Department. Bills September 1, 2023 through September 14, 2023, and Payroll August 27, 2023 through September 9, 2023. That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 18916 located at the southwest corner of Archibald Avenue and Chino Avenue. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 18916 LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE. That the City Council take the following actions: A. Reject Preferred General Services Inc.’s protest against Applied Restoration Inc. for D&C23-012 Museum Waterproofing as non-responsive; B. Authorize the City Manager or his designee to complete and execute a Construction Contract D&C23-012 Museum Waterproofing (on file with the Records Management Department) with Applied Restoration, Inc., of El Cajon, California, for the Ontario Museum of History & Arts Exterior Waterproofing Project for a total not-to-exceed contract amount of $557,000; C. Authorize a 20% contingency of $111,400, for a total contract amount not-to-exceed $668,400; and D. Authorize the City Manager or his designee to execute all documents required for the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

5. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE AT 208 W. EMPORIA ST. 2ND FLOOR WITH INFO-COM BUSINESS PRODUCTS 6. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH GREENTECH LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE SERVICES FOR PARKWAYS AND MEDIANS IN THE ONTARIO RANCH AREA 7. A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST & ASSOCIATES INC. TO DETERMINE LEAD SERVICE LINE INVENTORY 8. A CONSTRUCTION CONTRACT WITH GENERAL PUMP COMPANY INC. FOR ON-CALL MAINTENANCE, REHABILITATION, INSPECTIONS, AND EMERGENCY WELL AND BOOSTER PUMP REPAIRS completion of the project including, but not limited to agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities. That the City Council take the following actions: A. Authorize a Cooperative Purchase Agreement for D&C23-008 208 W. Emporia St. 2nd Floor (on file with the Records Management Department) with Margaret C. Pett DBA Info- Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $168,976 consistent with the terms and conditions of the OMNIA 2020 #R191817 and OMNIA 2022 #R221001; and B. Authorize a 10% contingency of $16,898, for a total contract amount not-to-exceed $185,874. That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Maintenance Services Agreement (on file with the Records Management) for Contract No. PM2021-2 with Greentech Landscape, Inc., of Whittier, California, to provide landscape maintenance services for a newly acquired Community Facilities District (CFD) located in the Ontario Ranch area in the amount of $105,304 for a total not-to-exceed contract amount of $1,300,918. That the City Council approve and authorize the City Manager, or designee, to execute a Professional Services Agreement (on file in the Records Management Department) with West Yost & Associates Inc., of Davis, California, for Lead Service Line Inventory: Field Identification and Materials Classification Services in the total not-to-exceed amount of $251,643 and a term from October 3, 2023 to June 30, 2024. That the City Council approve and authorize the City Manager, or designee, to award a Construction Contract (on file in the Records Management Department) to General Pump Company Inc., of San Dimas, California, for on-call maintenance, rehabilitation, inspections, and emergency well and booster pump repairs in the amount of $800,000 for Fiscal Year 2023- 24, and authorize the cost of $800,000, with up to a 5% increase per Fiscal Year (2024-25 to CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

9. A COMMUNITY GARDEN USE AGREEMENT WITH CARAMEL CONNECTIONS FOR PROPERTY AT ANTHONY MUNOZ PARK 10. AUTHORIZE THE PURCHASE OF AN X-TREME NINJA COURSE WITH GREENFIELDS OUTDOOR FITNESS FOR JOHN GALVIN PARK ATTACHMENT: Exhibit A_Ninja Course.docx 11. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT AND OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF ONTARIO AND RUSNAK/ONTARIO DBA GENESIS OF ONTARIO AND CONSIDERATION OF RESOLUTION 2027-28) for a total not-to-exceed amount of $4,420,505, with an initial term of one (1) year, and authorize the option to extend the Contract for up to four (4) consecutive one (1) year periods, at the set pricing levels per Bid No. 1672. That the City Council authorize the City Manager, or designee, to execute a Use Agreement with Caramel Connections Foundation (on file in the Records Management Department) for a portion of real property at Anthony Munoz Hall of Fame Park, generally located at 1240 W Fourth St (the Property) for agricultural purposes to enable community-supported healthy eating, active living, and education initiatives. The term of the Agreement is through October 1, 2028, with an additional five-year term option. That the City Council authorize the cooperative purchase of an X-Treme Ninja Course with Greenfields Outdoor Fitness for John Galvin Park in the amount of $578,640 plus a 10% contingency of $57,864 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed contract amount of $638,504 from Greenfields Outdoor Fitness, of Anaheim, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010721-GRN. PUBLIC HEARINGS Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department. That the City Council take the following actions: A. Adopt a resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement (on file with the Records Management Department) with Rusnak/Ontario dba Genesis of Ontario; B. Adopt a resolution approving the Operating Covenant Agreement and authorizing the City Manager or his designee to execute the Agreement; and C. Direct City Staff to file a Notice of Exemption based upon the City Council’s finding that CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT: Genesis Operating Covenant Agreement^01^RESO^RM ATTACHMENT: Genesis Economic Subsidy Report^02 12. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ONTARIO DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY AND ESTABLISHING FEES FOR SHORT TERM RENTALS ATTACHMENT: Exhibits A & B Short term Rentals Ordinance Updating ATTACHMENT: 20231003 Short Term Rentals Ordinance Update.docx ATTACHMENT: Resolution Establishing Short Term Rental Fee^RESO^RM 13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE PARKING ON PUBLIC STREETS ATTACHMENT: Amendment to OMC Pertaining to Oversized Vehicle Parking^ORD^RM the impacts for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant effect on the environment. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083 REGARDING AN OPERATING COVENANT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND RUSNAK/ONTARIO DBA GENESIS OF ONTARIO. That the City Council introduce, waive the first reading of an Ordinance amending subsections C, D, and I of Section 5.03.363 of the Ontario Development Code, relating to regulations of short-term rentals and approve the fee resolution for short-term rentals. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5.03.363, “SHORT TERM RENTALS,” OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ESTABLISHING A SHORT-TERM RENTAL PERMIT APPLICATION FEE UNDER ONTARIO DEVELOPMENT CODE SECTION 5.03.363(C). ADMINISTRATIVE REPORTS/DISCUSSION/ACTION That the City Council consider and take action in adopting an Ordinance to amend Section 4- 6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code pertaining to standards for oversized vehicle parking on public streets. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE PARKING ON PUBLIC STREETS. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

STAFF MATTERS City Manager Ochoa COUNCIL MATTERS Board & Commission Appointment Mayor Leon Mayor pro Tem Dorst-Porada Council Member Wapner Council Member Bowman Council Member Valencia ADJOURNMENT CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

1 of 1 CITY OF ONTARIO CLOSED SESSION REPORT City Council // Housing Authority // Other // (GC 54957.1) October 3, 2023 ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _. STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-29; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Dali III, LLC; Under negotiation: Price and terms of payment. No Reportable Action Continue Approved / / / / / / Disposition: _________________________________________________________________ Reported by: ___________________________________________ City Attorney / City Manager / Executive Director 9

Department: Library Prepared By: Lacey A Rightmer Staff Member Presenting: Helen McAlary, Executive Director Community Life and Culture Approved By: Submitted To: Council/OHA Approved: _______________________________ Continued To: ___________________________ Denied: __________________________________ Item No: SUBJECT: PROCLAMATION OF OCTOBER 15-21, 2023 AS FRIENDS OF LIBRARIES WEEK CITY OF ONTARIO Agenda Report October 3, 2023 SECTION: SPECIAL CEREMONIES RECOMMENDATION: That the City Council proclaim the week of October 15-21, 2023 as Friends of Libraries Week. THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED: Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities FISCAL IMPACT: There is no direct fiscal impact associated with this action. BACKGROUND & ANALYSIS: This year marks the 18th annual National Friends of Libraries Week, to be celebrated from October 15 to October 21, 2023. The purpose of this week is to honor and acknowledge the dedicated efforts of library supporters who generously volunteer their time and resources to bolster local libraries. It also serves as an opportunity to raise awareness about Friends of Libraries groups and encourage community engagement to support and enrich our local libraries. Since its informal inception in 1968, the Friends of Ontario City Library (FOCL), a 501(c)(3) nonprofit organization, has been instrumental in advancing the mission of the Ontario City Library. The organization officially incorporated in 1973. Historically, FOCL has raised funds to support library programs and services by selling second-hand books. Within each library branch, a designated used book sale area is overseen by the FOCL Board of Directors and managed by dedicated library volunteers. Additionally, FOCL raises funds through membership dues, available as annual payments or a one-time "lifetime" membership. Beyond their financial contributions, FOCL plays a vital role in nurturing a stronger bond between the Ontario City Library and the community, fostering increased public and private sector support. They actively advocate for the library within the community. The Friends of Ontario City Library frequently sponsors cultural and literacy programs, including author visits, to benefit the community. 10

In December 2022, a new board of directors was elected for FOCL. Board meetings are held at the Ovitt Family Community Library on the first Thursday of each month at 6:30 p.m. The board is comprised of of 12 engaged community members, while the organization boasts a membership of more than 100 individuals and families. FOCL has allocated over $11,000 to support various Ontario City Library programs and services this year. These funds are earmarked for programs and initiatives such as Summer at Ontario City Library, essential support for the library's English as a Second Language (ESL) classes, and funding to sustain children's literacy programs. A celebratory event marking the 50th Anniversary of FOCL will take place on November 4, 2023, at the Ovitt Family Community Library from 6:00 to 8:00 p.m. This occasion offers an opportunity for community members to join in commemorating the longstanding commitment of FOCL to the Ontario City Library's growth and success. Tickets are required for the event and can be purchased through FOCL. Residents interested in learning more about FOCL can explore their official website at https://friendsofontariocitylibrary.org, email FOCL22@hotmail.com, or contact them by phone at (909) 395-2224. Staff recommends that the City Council recognize and commend the Friends of Ontario City Library for their tireless efforts in supporting our local libraries. The City Council is also encouraged to spread awareness about the upcoming National Friends of Libraries Week and the various ways residents can engage with and contribute to enriching our library's resources. 11

Page 1 of 1 PROCLAMATION OF OCTOBER 15-21, 2023, AS FRIENDS OF LIBRARIES WEEK WHEREAS, Friends of Ontario City Library raise money that enables our library to move from good to great – providing resources for additional programing, special equipment, support for children’s literacy, and special events throughout the year; and WHEREAS, the work of the Friends of Ontario City Library highlights an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life- long learning and connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends of Ontario City Library understand the critical importance of well-funded libraries and advocate to ensure that our library has the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers’ advisory, and children’s services; and WHEREAS, the Friends’ gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community. NOW THEREFORE, the City of Ontario, its City Council and staff members do declare the week of October 15-21, 2023, as FRIENDS OF LIBRARIES WEEK and urges everyone to join the Friends of Ontario City Library and thank them for all they do to make our library and community great. 12

ONTARIO CITY COUNCIL/ ONTARIO HOUSING AUTHORITY MINUTES SEPTEMBER 5, 2023 (Not Official Until Approved) (Not Official Until Approved) (Not Official Until Approved) JOINT MEETINGS The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, September 5, 2023 at Ontario City Hall, 303 E. B Street Ontario, California. CALL TO ORDER Mayor Leon called the joint meetings to order at 5:32 p.m. ROLL CALL PRESENT: Mayor/Chairman: Paul S. Leon Mayor pro Tem/Vice Chair: Debra Dorst-Porada Council/Authority Members: Alan D. Wapner, Jim W. Bowman and Ruben Valencia ABSENT: Council/Authority Members: None . Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz. INFORMATION RELATIVE TO POSSBILE CONFLICTS OF INTEREST There were no conflicts of interest announced by the City Council. CLOSED SESSION Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda, at 5:34 p.m. the City Council recessed to Closed Session with all members present, wit